Employment law in Canada is governed both by statute and, in nine of the ten provinces, by common law. 7.2        When are restrictive covenants enforceable and for what period? Generally, collective bargaining occurs between a bargaining unit and company representatives, at the company level. "Regulating and Resolving Public Sector Disputes in Canada". In the rest of Canada, however, each employee will need to be offered a new contract or offer of employment with the purchaser, as their employment will be deemed terminated upon the conclusion of the sale for common law purposes. If not, do employees have to be provided with specific information in writing? 3.6        What remedies are available to employees in successful discrimination claims? 9.4        Is it possible to appeal against a first instance decision and if so how long do such appeals usually take? 1.2        What types of worker are protected by employment law? 2.6        How do the rights of trade unions and works councils interact? Postwar economic expansion, however, produced an economy heavily reliant … Employment terminations cannot be directly or indirectly based on a prohibited ground of discrimination and cannot be used as reprisal following the exercise, by an employee, of a legal right under employment standards legislation, or any other employment-related legislation such as labour or occupational health and safety legislation (see section 3 and question 6.3). Employers pay premiums to provincial workers’ compensation boards at rates determined primarily on the basis of the type of industry, size of payroll and the employer’s claim record. Typically, proceedings before administrative boards or tribunals may be finalised within 12 to 18 months, while court proceedings generally take up to a few years. If the trade union has support from between 35% and 40% (depending on the jurisdiction) of the employees of that bargaining unit, a representation vote may be held to determine if the union can be certified. Garden leave will only be valid where it is set out in writing between the parties. Employees in Québec have access to another unique leave for birth or adoption, which includes up to five days of partially paid leave to be taken in the first 15 days after an employee’s child is born or adopted, or after the termination of a pregnancy that has reached at least the 20th week of pregnancy. Collective agreements in force at the time of the sale therefore continue to govern all terms and conditions of employment, and bind the purchaser to the corresponding union. However, if the employee is approached with a restrictive covenant during the term of employment, additional consideration (which could take the form of financial compensation, but also of a promotion, for instance) must be given to the employee in exchange for the restrictive covenant. ICLG - Employment & Labour Laws and Regulations - As a result, female employees and, in some jurisdictions, employees in “female job classes” will have a right to be remunerated at the same level as the male employees or, as the case may be, employees in “male job classes” where the work performed is of similar, substantially similar or of equalvalue. The process surrounding employment-related claims or complaints in most administrative boards or tribunals is usually free of charge for the employee. 6.3        What protection do employees have against dismissal? Is conciliation mandatory before a complaint can proceed? Similarly, it is implied that employees will perform their work with competence and diligence, and will respect their employer’s confidential information and trade secrets. Pre-employment checks are not illegal but are restricted in a number of jurisdictions. For termination without cause, employers in all jurisdictions are required to provide advance notice of termination or layoff, or to offer compensation in lieu of notice. 4.3        What rights does a woman have upon her return to work from maternity leave? Employers have additional obligations when they dismiss a number of employees at the same time and therefore trigger a “mass termination”. Employers can control an employee’s use of social media in the workplace through workplace policies. To invoke the BFOR defence, the employer must establish the following: ■     the policy or standard was adopted for a purpose rationally connected to the performance of the work in question; ■     the policy or standard was adopted in good faith and as the result of an honest belief that it was necessary to fulfil a legitimate work-related purpose; and. Canadian Foundation for Labour Rights: Restrictive labour laws in Canada. Generally, however, employers will not have to give notice or severance pay to employees being dismissed for serious reason or wilful misconduct. Health and safety authorities carry out inspections at construction sites, industrial plants and other hazardous sites to ensure compliance with the regulations. Employers also have a number of implied duties, such as providing a work environment that is safe and secure, and providing reasonable notice of dismissal to their employees in case of termination without cause. 3.5        How do employees enforce their discrimination rights? 2.1        What are the rules relating to trade union recognition? However, fathers are also entitled to parental leave in all jurisdictions. Some jurisdictions have adopted privacy legislation that applies to employment relationships. Although there is no freestanding right to work flexibly to care for dependants, a number of jurisdictions provide for various leaves for family obligations or to provide care to a gravely ill dependant or family member. Labour and Employment law is a multi-faceted practice that pertains to all aspects of labour relations, human resources, and the employment relationship. Note, in Québec there is the Québec Parental Insurance Plan (QPIP). This right may also exist under a collective agreement. Canadian human rights legislation provides the same protections to employees regardless of the terms of their contracts. Similarly, non-union employees in Québec, Nova Scotia and the federal sector cannot be dismissed without just cause where they have completed a number of years of service with the same employer. By continuing to use this website you are agreeing to our use of cookies as described in our. Striking or picketing can only occur after the expiry of a collective agreement where certain conditions are met. Finally, it should be noted that the protection conferred upon employees who raise concern about corporate malpractice or become whistleblowers will generally only be applicable if those employees used the proper channels to voice their concerns, instead of traditional medias or social media platforms. These legislated regimes provide a public “no fault” compensation system, whereby injured workers receive benefits from the program but cannot take legal action against the employer. The employment insurance system is financed through payroll taxes levied on both employees and employers. Human rights commissions and/or tribunals are in charge of ensuring that employees are protected against unlawful harassment and discriminatory practices in the workplace. We were delighted to see when the published Chapter in the ICLG resulted in new clients contacting our firm and engaging our services. Termination without cause occurs where an employee is terminated from employment not necessarily because the employee has done something terribly wrong, but rather because the employer, for whatever reason, has decided that the employee’s services are no longer required. Because of this, all employers who have employees working in Québec, regardless of the employees’ province or territory of residence, have to deduct a reduced EI premium using a reduced EI premium rate as well as QPIP premiums. In addition, pre-employment checks such as criminal records checks, credit checks and driver’s licence checks may reveal information about protected grounds of discrimination, such as previous convictions unrelated to the position in Québec. However, the federal government (or the provincial government in Québec) maintains an insurance scheme through which parents caring for newborn children can receive a percentage of their pre-leave earnings. To that intent, the Labour Program has developed numerous services, measures and initiatives to assist employers and employees in creating and maintaining a workplace … Gender identity is increasingly becoming protected against discrimination as well. 30+ days ago. Some employers also elect to top these amounts up to match the employees’ regular wage, although this is not required. Courts will only enforce a non-competition clause if it: protects a legitimate proprietary interest of the employer; constitutes a reasonable restraint having regard to factors such as duration, geographic scope, and activities prohibited; is expressed in clear and certain terms; and is reasonable in terms of the public interest. The Québec Civil Code, however, provides that employment contracts are automatically transferred to the purchaser in an asset transfer. Generally, the Canada Labour Code covers: Harmonious labour-management relations are beneficial to both the economic security of individuals and the economic prosperity of Canada. (2,100 retail employees) and Workers United Canada Council, Local 152 (SEIU) Dec 14, 2020 Calgary HGIHS (Hilton Garden Inn and Homewood Suites) Competitive issues have become very crucial, affecting labour-management relations through corporate downsizing, for example. If an employee is terminated for cause, there is no obligation to provide advance notice to the employee or payment in lieu thereof. However, where there is a collective agreement or where the employment relationship is subject to privacy legislation, such monitoring is not usually allowed, except where the employer can establish that the employee has no or a limited expectation of privacy in relation to the information being monitored. 4.5        Are there any other parental leave rights that employers have to observe? Alberta scores lower than US jurisdictions because of Industry Experience Experienced labour relations professional with extensive knowledge in the law enforcement sector. Mothers as well as adoptive parents are also entitled to this leave, which is in addition to the maternity leave entitlement. Any monitoring of employees’ personal information must also be conducted through the least intrusive means possible, and only for reasonable and legitimate business purposes in order to be valid. No, Canadian employees are not entitled to representation at board level. Although not prohibited, garden leave is quite rare in Canada. An employer will not be liable for employment-related discrimination if the alleged discriminatory act (including a decision, policy or standard) is a bona fide occupational requirement (“BFOR”), where the employer can prove undue hardship, or where a statutory exemption exists. Personal information should only be collected and used for reasonable purposes. In addition to economic changes, there has been significant change in the labour force. Each Canadian jurisdiction has labour legislation which provides for the procedure by which a trade union may become recognised or certified as the exclusive bargaining agent for a group of employees, known as a bargaining unit. 5.1        On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? In some jurisdictions, joint employer-employee health and safety committees are required for larger workplaces. iv / Labour Relations Laws in Canada and the United States 2014 fraserinstitute.org Alberta, which received a score of 5.3, falls into a third category as it scored well ahead of other Canadian jurisdictions though it fell short of com-peting with US states. If the employer is found to have been non-compliant with its statutory obligations under employment standards legislation in regard to mass terminations, an order of compliance may be made against the employer. Federal works and undertakings are subject to employment equity legislation, the purpose of which is to provide employment and promotion opportunities to members of four protected groups: women, Aboriginal people, people with disabilities and visible minorities. 3.2        What types of discrimination are unlawful and in what circumstances? 1.6        To what extent are terms and conditions of employment agreed through collective bargaining? This entitlement depends, amongst other things, on an employee’s position, age and length of service, and notice of up to 24 months may be awarded. 2.4        Are employers required to set up works councils? theft or harassment) may allow for immediate dismissal for just cause. The offer of employment is often based on the same or substantially similar terms, and the employees who accept the offer will carry over their accumulated service and seniority. The Federal Labor Law governs labor relations in Mexico in that it spells out specific rules and regulations concerning terms of employment, functions of labor courts and roles of labor unions. Unless otherwise provided in a specific law or contract, employers do not require the consent of third parties before dismissing an employee. Non-union employees outside of the federal sector, Nova Scotia and Québec do not have a right to reinstatement in their employment even if their dismissal was wrongful or without cause. 4.1        How long does maternity leave last? Most background checks require the candidate’s express consent, and can still infringe on privacy or human rights legislation regardless of that consent. Mississauga, Ont. 6.7        What claims can an employee bring if he or she is dismissed? The delay before parties to an employment-related complaint obtain a final decision depends on the forum in which the complaint is heard. Canadian employees are protected against discrimination by way of human rights legislation, which is separate from employment standards legislation, and varies between jurisdictions. Generally, personal information relating to an employment candidate, such as criminal background or credit history, will need to be reasonably related to the job in order to be lawfully obtained and considered in the hiring process. When a restrictive covenant forms part of an employee’s offer of employment, the offer of employment itself will generally constitute sufficient consideration. Practice Areas > Undue hardship is a very high threshold to reach and is determined having regard to factors such as costs, operational requirements and health and safety concerns, amongst others. Labour leader Sir Keir Starmer, who fought to overturn the 2016 referendum, has ordered his MPs to vote for the deal. , Stern, Robert ( 2003 ) an individual dismissal to labour relations issues may be explored discrimination. 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